Forensic neuropsychology : a scientific approach

547 Pages·2012·3.769 MB·English

by  Larrabee, Glenn J

F ORENSIC NEUROPSYCHOLOGY
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S E C O N D E D I T I O N
FORENSIC
NEUROPSYCHOLOGY
A Scientifi c Approach
EDITED BY
GLENN J. LARRABEE
1
1
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Copyright © Oxford University Press, Inc. 2012, 2005
First Edition published in 2005
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Library of Congress Cataloging-in-Publication Data
Forensic neuropsychology : a scientific approach / edited by Glenn J. Larrabee. — 2nd ed.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-19-538352-2 (hardback : alk. paper)
1. Forensic neuropsychology. I. Larrabee, Glenn J.
RA1147.5.F668 2011
614'.15—dc23 2011036769
_______________________________________________________________________
1 3 5 7 9 10 8 6 4 2
Typeset in Minion
Printed on acid-free paper
Printed in the United States of America
This material is not intended to be, and should not be considered, a substitute for medical or other professional advice. Treatment for
the conditions described in this material is highly dependent on the individual circumstances. And, while this material is designed to
offer accurate information with respect to the subject matter covered and to be current as of the time it was written, research and
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To Sebastian LaSpina and Andy Vince.
As my son Zack said, “A teacher passes on knowledge about their subject.
A mentor passes on knowledge about life. It is only a great coach
who does both.”
I could not have asked for better coaches for my son. It is with
sincere gratitude that I dedicate this book to you.
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PREFACE
Th e fi rst edition of this book was published in and research. As before, all of the contributors are
2005, at which time the preface identifi ed the recognized scientists and clinicians who have
rapid growth of the fi eld of forensic neuropsy- contributed to the peer-reviewed literature in
chology. In the ensuing six years this growth has neuropsychology and forensic neuropsychology.
accelerated, as reviewed in Chapter 18 in the cur- I gratefully acknowledge the assistance of
rent volume by Sweet and Meyer. Th ese authors Patricia Reynolds, M. L. S. of the Bishopric
show in their Figure 18-1 a more than tripling of Medical Library at Sarasota Memorial Hospital
the mention of “neuropsychology,” “neuropsy- in Florida, who was most helpful in providing
chologist,” or “neuropsychological,” in the legal articles for the three chapters I prepared for the
search engine LexisNexis® Academic for the current volume. I am also grateful to Matthew
decade of 2000 to 2010, in comparison to 1990 to Miliano, B. A., who helped read and proof the
1999. Complimentary data presented in Figure contents of the entire volume. I further appreciate
2-1 in Chapter 2 by Kaufmann shows a near dou- the encouragement and assistance of my editors
bling of legal citations from 2004 to 2009, with a at Oxford University Press, Joan Bossert, Vice
projected accelerated growth in coming years. President/Editorial Director, Medical Division,
Many important developments have occurred and Tracy K. O’Hara, Development Editor,
since the fi rst edition, including the decision of the Medicine. Finally and most important, I appreci-
New Hampshire Supreme Court upholding the ate the love, support, and understanding of my
use of a fl exible test battery (B axter v. Temple, wife, Jan, and our son, Zack, who tolerated the
2008 ) and the consensus statement of the American additional demands on my time during the
Academy of Clinical Neuropsychology on the use completion of this revision.
of measures of symptom validity and response bias G.J.L.
(Heilbronner, Sweet, Morgan, Larrabee, Millis, & May 2011
conference participants, 2009 ). Th e continuing
rapid growth and signifi cant developments in REFERENCES
forensic neuropsychology have resulted in the Baxter v. Temple , 949 A. 2d 167 , ( N.H ., 2008 ).
need for a revision of the fi rst edition. Heilbronner , R. L. , Sweet , J. J. , Morgan , J. E. , Larrabee ,
I was extremely fortunate to have all of the G. J. , Millis , S. R. , & Conference Participants .
senior authors agree to contribute revisions of the ( 2009 ). American Academy of Clinical Neuro-
work they contributed to the fi rst edition. psychology consensus conference statement on the
neuropsychological assessment of eff ort, response
Additionally, there are fi ve new chapters, includ-
bias, and malingering . Th e Clinical Neuro-
ing a chapter on admissibility of evidence by
psychologist , 23 , 1093 – 129 .
Kaufmann, a chapter on perinatal injury by Taylor,
a chapter by Greve, Bianchini, and Ord on foren-
sic assessment of chronic pain, a chapter by
Andrikopoulos and Greiff enstein on posttrau-
matic stress disorder, and a concluding chapter by
Sweet and Meyer on trends in forensic practice
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CONTENTS
Contributors xi 11 Neurotoxic Injury 281
karen i. bolla
1 A Scientifi c Approach to
12 Th e Psychological Assessment
Forensic Neuropsychology 3
of Persons with Chronic Pain 302
glenn j. larrabee
kevin w. greve, kevin j. bianchini,
2 Neuropsychology and the Law: and jonathan s. ord
Principles of Productive Attorney-
13 Forensic Assessment of Medically
Neuropsychologist Relations 23
Unexplained Symptoms 336
manfred f. greiffenstein and
laurence m. binder
paul m. kaufmann
14 Something to Talk About? Th e Status
3 Admissibility of Expert Opinions based
of Post-traumatic Stress Disorder in
on Neuropsychological Evidence 70
Clinical Neuropsychology 365
paul m. kaufmann
jim andrikopoulos and
4 Ethical Practice of Forensic manfred f. greiffenstein
Neuropsychology 101
15 Assessing Civil Competencies in Older
christopher l. grote and
Adults with Dementia: Consent
benjamin a. pyykkonen
Capacity, Financial Capacity, and
5 Assessment of Malingering 116 Testamentary Capacity 401
glenn j. larrabee daniel c. marson, katina hebert,
and andrea c. solomon
6 Functional Neuroimaging in Forensic
16 Criminal Forensic Neuropsychology
Neuropsychology 160
and Assessment of Competency 438
joseph ricker
robert l. denney
7 Perinatal Brain Injury 179
17 Criminal Responsibility and
h. gerry taylor
Other Criminal Forensic Issues 473
8 Forensic Aspects of Pediatric robert l. denney
Traumatic Brain Injury 211
1 8 Trends in Forensic Practice
jacobus donders
and Research 501
9 Mild Traumatic Brain Injury 2 31 jerry j. sweet and
glenn j. larrabee dawn giuffre meyer
10 Moderate and Severe Traumatic Index 5 17
Brain Injury 260
tresa roebuck-spencer and
mark sherer